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Data Protection Leader

Volume: 14 Issue: 10
(October 2017)


News

The Jamaican Minister of Science, Energy and Technology, Andrew Wheatley, tabled, on 3 October 2017, a bill for the Data Protection Act 2017 (‘the Bill’) in Parliament. If passed, the Bill would apply to data controllers established in Jamaica or in any place where Jamaican law applies by virtue of international public law, and to data controllers not established in Jamaica but that use equipment in the country for processing data, so long as not merely for transit purposes. The Bill contains a list of definitions of key concepts such as biometric data, consent, genetic data, health record, personal data and sensitive personal data; and provisions on data subjects’ rights. / read more

Ireland’s Minister for Justice and Equality, Charlie Flanagan, published, on 3 October 2017, the general scheme of the Communications (Retention of Data) Bill 2017 (‘the Draft Bill’), following its approval by the Cabinet. The Draft Bill, which would repeal the Communications (Retention of Data) Act 2011 (‘the Act’) that currently regulates the matter, responds to the evolving jurisprudence of the Court of Justice of the European Union and is intended to give effect to its ruling in the joined cases Tele2 Sverige AB v. Post-och telestyrelsen (C-203/15) and Secretary of State for Home Department v. Tom Watson and Others (C-698/15). / read more


Features

It all started with Snowden. A hero to some, a traitor to others, Edward Snowden can be credited with single-handedly changing the course of the legal framework affecting international dataflows. / read more

Singapore, famed for its globalised economy, legal stability and tech-readiness, passed the Personal Data Protection Act (‘PDPA’) in 2012, which also established the Personal Data Protection Commission (‘PDPC’). The PDPC serves as Singapore’s main authority in personal data protection, formulating and implementing policies to help organisations comply with the PDPA. In this article, Data Protection Leader speaks with the Deputy Commissioner of the PDPC, Mr Yeong Zee Kin, about the PDPC’s plans for the future and its achievements to date. / read more

The Standards for Personal Data Protection for the Ibero-American States (‘the Standards’) were approved, on 20 June 2017, at the XV Ibero-American Meeting on Data Protection organised by the Ibero-American Network of Data Protection Authorities (‘RIPD’) and the Chilean Transparency Council. Isabel Davara and Alexis Cervantes, Partners at Davara Abogados S.C., provide an overview of the key themes of the Standards to offer insight into the new data protection framework they set out, how and why they were created, and what is expected of them. / read more

The Information Commissioner’s Office (‘ICO’) ran a brief consultation until 10 October 2017, on draft guidance on contracts and liabilities between controllers and processors (‘the Draft Guidance’) under the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’). Under the GDPR, when a controller uses a processor, it needs to have a written contract in place, not just covering data security, but all the key aspects of the controller-processor relationship, including the purpose of processing and the obligations and rights of the data controller. Further, although data processors must only act on the documented instructions of a controller, they will have some direct responsibilities under the GDPR. Robert Lister, Associate at Ropes & Gray International LLP, provides a breakdown of the Draft Guidance and sets out the main considerations for compliance and good practice in this area. / read more

Like many other African countries, Rwanda has a plan to legislate for the protection of personal data. In 2013, the Government drafted a data protection policy and a data protection bill. Patricia Boshe, Co-Director at the African Law and Technology Institute, analyses this proposed regime and explains why it is a stronger proposal than those put forward by its East African counterparts. / read more

For the last several months, the Colombian data protection authority (‘SIC’) has been publishing enforcement decisions issued against Colombian data controllers for violations of Statutory Law 1581 of 2012 (October 17) Which Issues General Provisions for the Protection of Personal Data (‘the Data Protection Law’). Luis Alberto Montezuma Chavez, Privacy and Data Protection Specialist, analyses the facts of one of the cases and the reasoning behind SIC’s imposition of a fine, in order to help companies develop adequate programmes to comply with the Data Protection Law’s requirements. / read more

The creation of the role of the data protection officer (‘DPO’) is one of the most discussed changes to the EU’s data protection regime. However, this is not a novel concept. The appointment of such personnel has been regulated in Ivory Coast since 2014, albeit with some differences to the EU’s version. Joăo Luís Traça and Pedro Marques Gaspar, Partner and Associate respectively at Miranda & Associados, compare the two interpretations of the role of the DPO. / read more


About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

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